How to file a lawsuit for trademark infringement
1. Prosecution: Submit a complaint to the filing division of the court with jurisdiction.
The first instance case of trademark civil dispute, by The people's courts above the intermediate level have jurisdiction. Each higher people's court may, based on the actual conditions of its jurisdiction and with the approval of the Supreme People's Court, determine 1-2 basic people's courts in larger cities to accept first-instance trademark civil dispute cases. Civil lawsuits filed due to infringement of the exclusive right to use a registered trademark or infringement of the special protection rights of a well-known trademark shall be under the jurisdiction of the people's court in the place where the infringement is committed, the place where the infringing goods are stored, or the place where the infringement is seized or where the defendant is domiciled.
2. Case filing: After reviewing the case, the court deems it consistent with If there are conditions for filing a case, the parties shall be notified to pay the litigation fees within the prescribed time limit, and the case shall be filed after the fees are paid.
3. After acceptance, the court will prosecute within the time limit specified by the court. A copy of the complaint shall be served to the other party, and the other party shall respond within the prescribed time limit.
4. Exchange of evidence.
5. Held in court.
6. The collegial panel makes a decision through consultation, Those who are dissatisfied with the ruling shall appeal to the People's Court at a higher level within the prescribed time limit from the date of service; those who are dissatisfied with the judgment shall appeal to the People's Court at the higher level within the prescribed period from the date of service.
Trademark is infringed What to do
First of all, we must Pay attention to the collection of evidence.
Because only the evidence Only when there are sufficient circumstances can it be helpful for the administrative law enforcement agencies or the judicial organs to determine whether a certain act is an infringement as soon as possible. Therefore, evidence is a prerequisite that affects the handling of the case. The Procedural Law stipulates that all facts that prove the true situation of the case are evidence. . Therefore, we must strictly abide by this principle when collecting evidence. In other words, we must try our best to find evidence that is related to the case and can prove the true situation of the case.
The evidence mentioned here mainly refers to the following aspects:
1. Prior rights of the infringed partyProof of interest. (Including trademark registration certificate, patent certificate, copyright registration certificate, case-related award certificates, etc.)
2. Product samples of the infringed party.
3. Samples of infringing products.
4. Proof of purchasing infringing products. This mainly refers to the purchase invoice. The invoice must indicate the name of the infringing product, the place where the infringing product was purchased, the price of the infringing product, the name of the seller, etc.
In the second step, we reviewed the evidence After the initial collection and sorting, you should seek consultation from professionals.
Professionals will conduct a preliminary analysis of the case. We will also provide professional advice on detailed issues, which will help us handle the case better.
What needs to be pointed out here is that for infringement cases There are generally two approaches to processing.
1. Administrative investigation. The main advantage of this method is that the investigation and punishment are strong and the investigation and punishment actions are fast. A swift crackdown on counterfeiters and sellers can effectively stop the spread of infringement. However, it is difficult to use this method alone to exhaust the rights granted to complainants by law. What is referred to here is the issue of damages.
Generally speaking, the infringer will be liable for committing the infringement. It brings economic losses to the infringed party. At the same time, the complainant will invest a certain amount of money and manpower to stop the infringement. Many companies hope that the infringer will provide certain economic compensation to the infringed party for committing the infringement to make up for the infringement. losses suffered by the infringer. The current "Trademark Law" and "Product Quality Law" also have clear provisions (see the "Trademark Law" for details). However, due to the difficulty in the implementation process of requesting compensation through administrative agencies, the rights of the infringed party cannot be exhausted. .
2. Litigation procedures. The advantage of applying this procedure is that the investigation force is strong, and the complainant can, in accordance with relevant legal provisions, require the infringer to compensate the infringer for the losses caused to the infringed party by the infringement. However, the litigation process is relatively complicated and it is difficult for the complainant to implement it alone without the assistance of a professional lawyer.
Two specific methods, which one is better? The author believes that there is a question of value selection here, and it must be analyzed based on the specific circumstances of different cases.
The third step is to prepare a complaint or indictment .
When making a complaint or indictment, attention should be paid to Facts and tone are effectively combined to facilitate the smooth progress of the case. The author believes that the complaint or indictment is the most direct factor that directly affects the progress of the case, so it is recommended to entrust professionals to complete it.
At the same time, my country’s Trademark Law clearly stipulates, “Foreigners or foreign enterprises who apply for trademark registration and handle other trademark matters in China should entrust an organization designated by the state to act as their agent.” In other words, when foreigners or foreign companies handle trademark infringement cases in China, they should entrust an organization designated by the state to represent them.
Finally, file a complaint or sue.
The above is the content compiled by the editor for you. For trademark infringement, whether it is administrative or litigation, the most critical thing is evidence collection. The parties can collect relevant evidence that has direct and indirect interests in the case. If your situation is more complex, Legal Savior Network also provides lawyers. Online consultation service, you are welcome to have legal consultation.
